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… when he invoked his right to remain silent; his subsequent communications with the officers who came into the interview … pro se supplemental brief, defendant argues the following points: POINT I THE STATEMENT ALLEGEDLY MADE BY DEFENDANT … DURING THE CUSTODIAL INTERROGATION OF MR. JONES, FAILED TO COMPLY WITH MIRANDA V. ARIZONA, VIOLATING THE FIFTH, AND THE …
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… of her freedom. However, the court did not have the same "comfort level" with the October 22, 2009 statement. The … robbery, N.J.S.A. 2C:15; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; and fourth-degree hindering … in the underlying crime and the defendant: (a) Did not commit the homicidal act or in any way solicit, request, …
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… was not properly tailored, and the prosecutor made improper comments in her summation. Having reviewed defendant's … in the living room. Anna took with her defendant's tablet computer, which he had earlier permitted her to use. Soon … months probation. II. Defendant presents the following points for our consideration: POINT I IN A CASE WHERE THE …
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… match was found in December 2006; defendant was deemed incompetent to proceed for a period of years; and the buccal … 4 A-5528-14T2 On appeal, defendant presents the following points in his counseled brief: POINT I THE DESCRIPTION OF … contention the State wrongfully implied he had a motive to commit robbery by repeatedly referring to his welfare ID …
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… her like 3 times[,]" then "walked off cussing." She also commented that the woman was bleeding, crying, and upset. … S.S. also addressed and reaffirmed this State's historical commitment to an individual's right against self- … to the United States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and …
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… AND UNRELIABLE OUT- OF-COURT IDENTIFICATION AND THEN COMPOUNDED THE PROBLEM BY FAILING TO PROVIDE THE FACT … [DEFENDANT] DUE PROCESS AND A FAIR TRIAL. A. FAILURE TO COMPLY WITH DELGADO[1] RENDERED THE IDENTIFICATION … letter "M"; Romano asked him to call her when they could complete the transaction. Romano called the stored number …
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… NOT GUILTY. We have considered defendant's contentions in Points II and III in light of the record and applicable … R. 2:11-3(e)(2). However, we make the following brief comments. There was no plain error in the identification … evidence favorable to the State, and the judge did not comment on the State's evidence or strength of the State's …
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… a probability sufficient to undermine confidence in the outcome." Strickland v. Washington, 466 U.S. 668, 694 (1984). … to request that instruction. Although the arguments have common facts, they are discrete; we will, therefore, … at 694. Petitioner argues that his trial counsel failed to comprehend the law on accomplice liability, pointing to …
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… statement, alleging it was improper for the prosecutor to comment on the credibility of her witnesses. Defense counsel … In response, the prosecutor explained she intended her comment to explain the concept of credibility to the jury. … end of [the prosecutor's] opening statement, there was a comment in terms of the State calling . . . three credible …
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… 3 A-2986-15T2 The Trooper testified that he could feel heat coming from the front fender of the car and heard a … did not testify or call any witnesses. One of the key points his counsel disputed at trial was whether the State … II. Defendant now appeals, and raises the following points in his brief: POINT I A. STANDARD OF REVIEW. POINT II …
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… robbery, N.J.S.A. 2C:15-1, and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, after a jury trial on … did not know if G.W. heard the radio transmissions. G.W. accompanied Rabbit to another police station for a showup … said a prosecutor is permitted to respond in summation to points raised by defendant in summation. 249 N.J. Super. at …
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… in an unmarked vehicle in the parking lot of an apartment complex. The officers all recognized defendant from prior … to be at that particular location based on the apartment complex's manager banning him from the premises. 4 A-3610-19 … errors in the court's jury instructions as detailed in points one and two. We limit our discussion accordingly. 10 …
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… STEVEN D'AGOSTINO, Plaintiff-Appellant, v. COLONY INSURANCE COMPANY,1 BLAKE POULTON, POULTON & ASSOCIATES, LLC, and THE … Stewart Smith, attorneys for respondent Colony Insurance Company (William F. Stewart and Danielle 1 Improperly pled … D'Agostino appeals from trial court orders dismissing his complaint against defendants Colony Insurance Company, Blake …
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… benefits. On appeal, Holloway raises the following points for this court's consideration: POINT I THE ALJ AND … Summation. B. The Determination That . . . Holloway Did Not Comply With N.J.A.C. 17:3-6.1(f)[-](g) And Thus, The Board … 2 We have altered the capitalization of Holloway's Subpoints A through C to comport with our style conventions but …
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… cases is limited. R. 1:36-3. 2 A-4811-18 dismissing her complaint alleging wrongful termination, hostile work … retailer" with locations throughout North America and Europe. In November 2014, plaintiff was hired by defendant … The handbook also included a procedure for reporting complaints of discrimination. Adrienne Battaglino began …
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… from his role in a series of armed robberies he and others committed one early morning in August 2006. A gas station … 5 A-4293-17 Specifically, defendant raises the following points in his brief: POINT I WATSON’S SENTENCE, 39 YEARS … point) has not been repudiated. 15 A-4293-17 All other points raised on appeal lack sufficient merit to warrant …
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… See N.J.S.A. 2C:25-29(b)(4) (authorizing punitive and compensatory damages for acts of domestic violence). We … R. 1:38-3(d)(9). 2 The judge awarded plaintiff $614.93 in compensatory damages, which are not appealed. 3 A-1492-19 … to Act. Now on appeal, defendant raises the following points: POINT I THE TRIAL COURT ERRED IN ALLOWING HEARSAY …
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… killed his ex-girlfriend as she exited a restaurant with a companion, at whom defendant also shot but did not kill. In … issue on direct appeal. In 1993, defendant submitted six points for our consideration, and the sixth point stated: … written opinion. R. 2:11-3(e)(2). We add the following two points. First, this argument is "substantially equivalent" …
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… motion to disqualify the first judge, dismiss the complaint, and for a stay of the writ of possession. We find … pertinent to the cause of action asserted in plaintiff's complaint for ejectment are undisputed. Defendant mortgaged … 24, 2019. Almost two weeks later, he filed a verified complaint and order to show cause in the Law Division …
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… insulting defendant. She explained that while in the common hallway defendant pushed her against the wall and … detained prior to trial because the court concluded that no combination of pre-trial conditions would assure the protection and safety of other members of the community. On this point, the court noted that "defendant …